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Found 12 results

  1. I was the director of a company that had a trade account with screwfix. When the account was opened it was opened in the ltd companies name and I was never told about an directors guarentee. The application form that I signed had been photocopied that many times most of the writing on it was illegible.. Stupidly I signed it and opened the account. A couple of years later the company got into financial difficulties, became insolvent and folded. I soon received word from screwfix`s solicitors that I had signed a directors guarantee and was personally liable for the company debts to screwfix. I got a copy of the original agreement and it is totally illegible.. You can barely read any text on the agreement out it is that bad. Ive to go to court next month as I`ve contested the claim as I was unaware I was signing such a guarantee and am unsure if they can enforce this as what Ive signed is unreadable. Does anyone know if this can be enforced if its illegible and I wasn`t informed I was signing such guarantee ?? here is a copy of the guarantee drive.google.com/file/d/0B6TE6OZvjMKGSVVMLWY3NE9uUHc/view?usp=sharing UNfortunately I cannot post links so you will need to copy paste the link above bump Thanks in advance for any advice on this issue
  2. Directors of debt management company disqualified for 29 years READ MORE HERE: https://www.gov.uk/government/news/directors-of-debt-management-company-disqualified-for-29-years
  3. Estate agent cartel directors disqualified READ MORE HERE: https://www.gov.uk/government/news/estate-agent-cartel-directors-disqualified
  4. Debt management directors disqualified for a combined 11 and a half years READ MORE HERE: https://www.gov.uk/government/news/debt-management-directors-disqualified-for-a-combined-11-and-a-half-years
  5. Hi. Sadly my sister passed away last week, she was not too well after her husband had a heart attack 5 months ago. My sister wasn't very well and was receiving £300 DLA per month and £700 Universal Credit per month. I spoke with my mum and stepdad who have said they have been to the funeral directors today and they are asking for £1800. My mum and step dad are both retired and are what you could call low income. They definitely do not have the means to pay such funds. We are in the belief that the social services should be doing more to liaise with the funeral directors to tey get some money paid. Can someone please help and advise what should be happening here? The funeral is set for next Friday 20th October.
  6. Dear All, In June 2014, my partner and I arranged an overdraft with our business bank (Nat West) as match funding for a government loan scheme. We were asked to sign a personal directors guarantee and, at the same moment in time, signed the waiver to legal advice form in the bank's office. Sadly, our business has now been declared insolvent and the bank are now calling in the personal guarantee for £20k. Originally, we did not believe we had signed a guranatee but the bank have now come up with the evidence (although that was never originally forwarded to us so we had no copy until now). We have also never received a copy of the overdraft agreement signed in June 14 although we have one signed September 14 with a pp signature from the bank. We were also asked to sign a debenture (again, we have no signed copy) and also a postponement of directors loan account which we definitely didn't sign as they were still chasing us for that in February last year and I know we never signed this. I recently wrote to the bank asking for copies of ALL signed security documents and they only sent me the PG and waiver. I have written to them again today asking for the other security documents. Nether my partner nor I are ones to shirk our responsibilities but I would like to come to an arrangement/agreement with the bank to either pay a lesser amount or a small monthly payment. I have already lost 200k personally from the business failure and hoped that was the end of it. I have phoned several companies who state they deal with these types of issues but not one has come back to me. My question is How is it best to start the process of negotiation with Nat West and what should I say initially? And is it feasible that the guarantee could somehow be unenforceable? I should say that I had another company (Credit4 - beware!) took me to court re another directors personal guarantee for the same failed company and got a ccj and a charging order against a property I owned. i have had to sell that property (my main income) to satisfy their debt and have a small sum left over which I really want to keep to buy somewhere else to live now. Another £20k will add to my losses even more and will dent that small sum. I can't get a mortgage now due to this ccj, even though it is settled, hence why I need to keep as much as I can to buy somewhere to live without a mortgage. My partner now has a new job but has to live away as its not local. We cant afford to buy anything where he is working. Feeling really fed up and just wondered if anyone had some sensible advice on how to get a settlement agreed. Or to know someone who can help at a reasonable cost. A little light at the end of this dark tunnel would be so nice. Thank you in advance to anyone who responds to my request
  7. hi, any advice on clarifying a small matter would be helpful. we bought a bed for our son from an online store. the bed was hardly used as was in spare room just before the one year warranty it broke. they sent him a part to fix it but it broke again, same fault as before . he got in touch with the retailer and after some back and fourth they have said not their problem and have given us the manufacturers details. are they right or should the retailer sort this out as we believe the bed is not fit for purpose any advice would be appreciated.
  8. Hi All, I have been reading lots of posts on this issue and have been finding it very helpful thus far, but would like some urgent advice on this worrying issue. Any help would be appreciated. I was a Director and secretary for a Company that I formed in 2006 with 2 partners. In June 2012 we took a hit for nearly 60k on an underground project we were working on, nearly £45k of this was owed to numerous companys who supplied materials etc. for the project. Anyway, numerous arrangements were made with all suppliers allowing us to continue to trade and therefore pay off the outstanding debt whilst our solicitors dealt with the outstanding debt owing to us. 12 months on with solicitors costs of nearly 10k chasing the original debt. we were forced into making a CVA. Closing the company leaving myself and what was left of my staff completely gutted along with 25k still outstanding from original project. I had never done anything like this before so was all very new to me, anyway, found a good solicitor paid the money which I had to borrow from the father in law and bobs your uncle, leave it to me, nothing more to worry about now, we will be in touch. kind of thing. A few weeks in, in December 2013 I received a telephone call at home from the Director of a main supplier telling me, basically he was going to take me to the cleaners as he had a personal guarantee signed by me. I disputed this as I had never signed any personal guarantees to any of my suppliers. He told me it was on the account application form. A few days later a letter arrived from them confirming our telephone conversation enclosing a copy of the Application for Credit Account. Please see both attached. I passed a copy of this onto the solicitor dealing with the company closure and was advised not to worry as nothing would come of it, if and when it did we can deal with it then. Anyway, 6 months to the day I receive a County Court Judgement in the sum of nearly 15k. and am absolutely mortified. My wife is giving birth in 5 days and I am on a morphine high from recent spine surgery so couldn't have come at a worst time really. Financially we have nothing. I had no wages for nearly 14 months before we closed and have been off work since, hence why I had back op that I had been putting off for 8 years. I had spoken to solicitor again and passed on all information, it now feels like I am being ignored but am rapidly running out of time. In my most recent email I have asked in what capacity he can help me and I am yet to get a reply. I have about 10 days before I need to file a defense and really don’t know where to start. I have read posts regarding boldness of headings etc. but thought someone may be able to give me some advice thats more specific to my problem. I Could go on writing forever as is such a complex situation but don’t want to give information that is irrelevant. Please feel free to ask if there is anything you would like to know. Thank you in advance, we really do appreciate it.
  9. Back in October 2004 – I gave HSBC a Legal Mortgage as a directors guarantee of £45K on my home to support loans to my business. My business ceased trading just over a year ago, with 40k of OD / loans. I offered them £400pm but they refused. Now HSBC have filed to take legal charge over the property as we have not come to a repayment agreement, HSBC believe the is equity to be had so are looking for the sum to be repaid with 2 years or sooner. I have an appearance @ Court next week. Interestingly I signed the Legal Mortgage but no DE bencher was ever given. I also believe the HSBC facility letters to the company offering funds were never signed either– so in theory were not an authorised lending from a company perspective. My questions are :- Should this loan be regulated by the consumer credit act ? as I’m a consumer – not sure if this helps me Will the fact that the facility letters are unsigned mean I can claim this is not a secured loan? I am happy to repay any sums owed but obviously want to limit impact on my family
  10. Dear All Just to let you know that the trial of the 7 remaining directors (2 directors took voluntary disqualification) begins this coming Monday 21 May 2012. It is at the High Court, London and is set down for 6 weeks. We have updated Unfairpak to include live Twitter feeds, a blog which we will update each day to sum up what has happened in Court and contact details if you need any help. We also still have the Forum running and can advise you and help you with any aspects of the Liquidation of Farepak. You can also follow us on Twitter @unfairpak Hopefully there will be an end to this debacle soon as it is now 5 1/2 long years since Farepak went into administration. If we can do anything to help anyone affected by Farepak or wanting to know more about the case against directors then please get in touch. Kind Regards from all the team at Unfairpak P.S. I hope we are in the right place to post! I cannot post the link to Unfairpak as I have to have more than 10 posts to do so.
  11. hi all... my company was dissolved over two months ago now and i believe that i have paid the majority of my oustandings to the HMRC, I was told by my accountant once the company is dissolved then thats it all the debts are written off as the company is struck off companies house. As far as I am aware I am not in receievership, administration or anything like that. however I did have an overdraft with the bank and that was under a directors guarantee. I was owed two weeks worth of wages which should have gone into my bank account but whatever reason they did not and were bounced back to the payroll. now the bank want the money from their overdraft so i want the money which is held by payroll to offsett them. technically i am no longer trading as a company right now but i am not sure if the bank has just frozen the account (which begs the question if so why didnt the payment go in correctly in the first place) and secondly if it isnt still active where would the money go and thirdly can they pay me the money directly if the account is frozen but can take payments? obviously i would like that money to be offsett against the overdraft which i owe the bank. on a seperate note then ermm... i know longer work for that company but someone else. so that should be okay. if i do owe the hmrc money will they take that money and come chasing after me for anything else i might owe?
  12. I am in the process of taking legal action against former employers.Now I hear the company is closing down in the next 6 weeks.Can I still proceed with court proceedings?or would it be safer to take the Directors to court.Based on, they failed to provide me with "Due Care"and protection from a supervisor's constant Bullying and Harassment over a four year period,being well aware of his actions at all times.
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